LAWS 2302 Lecture Notes - Lecture 7: Class Action, Victims Family, Extenuating Circumstances
29 Mar 2017
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Aiding: you are present for the crime whether it be before, during or after. Abetting: you are encouraging the crime to be committed. However, this is different from a charge of counselling because covers if the crime did take place. Counselling only covers if the crime did not take place whereas abetting. Section 718 of the criminal code: gives judges some discretion with sentencing - whether it be with duration or seriousness. There are more people in custody in jail within pre-trial process than actual sentences being carried out. Basic idea: appropriate sentencing promotes respect for law and the maintenance of a just, peaceful and safe society. Along with those principles of sentencing set out in criminal code s. There should be a balance act of crime and punishment. This is recognized repeatedly by the supreme court of. Constitutional aspect confirmed in the r. v. ipeelee. Proportionality has charter s. 12 and s. 7 implications.
